ML20204G238

Package of NRC Annual Repts on Administration of FOIA from 1974-1985

ML20204G238
Person / Time
Issue date:	12/31/1974
From:	NRC
To:
Shared Package
ML20204G236	List: IA-86-564, Package of NRC Annual Repts on Administration of FOIA from 1974-1985 ML20204G233 ML20204G238
References
FOIA-86-564 NUDOCS 8608070131
Download: ML20204G238 (67)

Text

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..JEPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE l KD7tINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1974 L

1. The nuinber of determinations made by the agency not to comply with requests for records made under 5 U.S.C. 552(a) and the reasons for each determination.

Response: Most requests for records are received at the NRC Public Docu-

/ ment Room located at 1717 H Street, N.W., Washington, D.C., and the records are routinely made available for public inspection and copying.

During an average month in 1974, the Public Document Room received re-quests from approximately 300 visitors and an additional estimated 175 letter requests. It furnished during an average month approximately 46,000 pages of records.

The Commission in 1974 completed consideration of. six requests for documents 2

relating to the activities of its Advisory Committee on Reactor Safe-guards (ACRS). In 1972, two requests were made for minutes of the meet-

• ings of the ACRS and its subcommittees. The requests were denied on the

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ground that the minutes were exempt from disclosure pursuant.to 5 U.S.C.

552(b)(5) and 10 CFR 9.5(a)(5) of the AEC's regulations implementing the Freedom of Information Act. Subsequently, a civil action was brought ip 1973 for production of the documents. During the course of the litiga- ..

tion certain minutes related to three on-going proceedings for the licensing of nuclear power reactors were supplied to the plaintiffs but with certain portions believed to be exempt from disclosure deleted from the documents. On the appeal, the court ruled in Comey vs. AEC, 481 F.2d. 1407 (4th Cir. 1974), that the deletions had, with minor excep-tions, been made in accordance with law. The court remanded the case to the District Court for further proceedings on the remaining ACRS minutes which had not been given to the plaintiffs.

The parties to the suit stipulated in 1974 that all minutes of the ACRS and its subcommittees from January 1, 1965 to December 31, 1973 would be provided with the following material deleted: (1) classif_ied information; (2) proprietary information; and (3) advice, opinions, recommendations, and other material directly reflecting the ACRS deliberative and decision-making process.

During the Fall of 1973 foiir more requests were received for ACRS minutes or reports furnished to the Conmittee by its consultants. More than 25,000 pages of material were made available to the requesters under the guidelines agreed to in the stipulation in Comey vs. AEC.

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-;+ . - 2 Subsequently in August 1974, the Commission decided to review its policy and to make public most of the remaining substantive internal documents

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relating to the activities of the ACRS since it was founded in 1957.

The documents include all the minutes of the meetings of the Committee and its subcommittees, reports from its consultants, and draft documents which had been discussed with groups outside the ACRS. The Commission announced that in the future it would make such documents routinely available to the public. Deletions in the documents will consist primarily of: (1) the names and titles of persons engaged in ACRS deliberations in Executive session; (2) names and titles of certain individuals discussed or furnishing reports to the ACRS; and (3) classified and proprietary information.

2. The number of appeals made'by persons under 5 U.S.C. 552(a)(6), the

• result of such appeals, and the reason for the action upon appeal '3 '

that results in a denial of information.

Response: TheregulationsoftheformerAtomicEnergyCommissionwhichj were in effect in 1974 provided for only a one-step procedure on requests .

for records, and did not provide for appeals of the initial decision.

Under 10 CFR 9.10(d) of the AEC's regulations, the General Manager and

,' the Director of Regulation were authorized to determine whether a record sought was exempt from production or disclosure, and such decision consti-tuted the final action of the AEC.

3. The names and titles or positions of each person responsible for the denial of records requested under 5 U.S.C. 552, and the number of instances of participation for each.

Response:' As indicated in response to item 2, the AEC's Ceneral Manager, Mr. John A. Erlewine, and the Director of Regulation, Mr. L. Manning Muntzing, were authorized to determine whether a record sought was exempt from production or disclosure. With respect to the sixtrequests dis-cussed in item 1, the policy was ultimately determined by the Commission itself.

4. The results of each proceeding conducted pursuant to 5 U.S.C. 552(a)

(4)(F), including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken.

Response: Not applicable to procedures in effect during 1974.

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5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

Response: Enclosed is a copy of 10 CFR Part 9 of the AEC's regulations

' which were in effect on January 1, 1974, and amendments to 59.9 published in the Federal Register on March 4,1974 (39 FR 8162) and August 20, 1974 (39 FR 30033).

6. A copy of the fee schedule and the total amount of fees collected by the agency for making records available under 5 U.S.C. 552.

Response: A copy of the fee schedule in effect during 1974 is contained in 59.9 of the enclosed regulations of the AEC.

In June 1974 the AEC entered into a contract with a' private firm to re-produce for the public copies of records contained in the Public Document Room at the costs specified in 10 CFR 9.9 (normally $0.8 per page). The .

amount of fees collected for this service for the period June 15 to 3 December 31, 1974 was $27,828. '

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7. Such other information as indicates efforts to administor fully I 5 U.S.C. 552. I ..

! Response: It is the Commission's policy that public participation and

. understanding are necessary cornerstones for the effective regulation of nuclear energy. The Commission encourages meaningful public participa-tion in the regulatory process, and has sought to make available to the public documents considered by the staff in its review of license appli-t cations. As one of the first actions of the new Nuclear Regulatory Com-mission, the Commission has committed itself to further upgrading and expanding the services available at the NRC Public Document Room in Washington, D.C.

The Commission is also continuing the policy of establishing public document rooms in areas where nuclear facilities are proposed for opera-tion or are being constructed in order that information related to nuclear regulatory matters may be readily available to t.he public in the area affected.

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REPORT BY Tile NUCLEAR REGULATORY CO CIISSION ON Tile j ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1975

1. The number of determinations made by the agency n'ot to comply with l requests for records made under 5 U.S.C. 552(a) and the reasons for each determination.

Response. Enclosed as Appendix A is a chart showing cach determination

. made by the NRC not to comply with a request for records made under the Freedom of Information Act (FOIA); the reasons for each determination

! including the applicable FOIA exemption, and the name of the denying .,,

. I official ard his position.

j 2. The number of appeals made by persons under 5 U.S.C. 552(a)(6), the result of such appeals, and the reason for the action upon appeal that results in a denial of information.

Response. Enclosed as Appendix B is a chart showing each appeal received by the NRC under 5 U.S.C. 552(a)(6); the result of each appeal; the reason therefor, including the applicable FOIA exemption, and, where applicable, the name of the denying official and his position. ,

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3. The names and titles or positions of each person responsible for the denial

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g t of records requested under 5 U.S.C. 552, and the number of instances of participation for each.

Response. Under 10 CFR 9.8(e) of the Commission's regulations, a request for records which are not located in the NRC Public Document Room is referred to the head of the office primarily concerned with the records l requested. For offices reporting to or through the Executive Director for Operations, if the head of such an office finds that a request should be denied in whole or in part, he submits such finding to the Director, ,

Office of Administration, who will make an independent determination whether to comply with or deny the request. Where a request is denied, the responsibidt officials are the head of the office (s) making the initial finding and the Director, Office of Administration, making the independent determination! . ..

For offices reporting directly to the Commission, the initial determination 1

i is made by, and the responsible official is,the head of such office, or 1- .

f the Advisory Committee !!anagement Officer for advisory committees established pursuant to 10 CFR Part 7.

, Below is a listing of the name and titic or position of.cach person 1

[ responsible for the denial of records as shown on Appendices A and B, and the number of instances of participation for each:

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! Responsible Title or Number of Official Position Instances Lee V. Gossick Executive Director for Operations 3 D. J. Donoghue Director, Office of Administration 17 Samuel Chilk Secretary of the Commission (NRC) 3 a

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'j Responsible 2+' -

Title or Number of 9

Official Position Instances I

, PaulC. bender. Secretary of the Commission (AEC) ,

1 Edwin G. Triner Director, Office of Planning and Analysis 1 lierbert C. Kouts Director, Office of Nuc1 car Regulatory Research 1 Donald F. Knuth Director, Office of Inspection and Enforcement 8 Ben C. Rusche Director, Office of Nuclear Reactor Regulation -

1 Stephen H. Ilanauer Technical Advisor 1 .

John J. Burke Acting Director, Office of.

Administration 3 Edward L. IIalman Director, Division of' Contracts 1 _.

Calvin C. Jones Director, Division of Organization and Personnel 2 Raymond Brady Director, Division of Security 1 Seymour Smiley Deputy Director for Policy and Planning 1 A. Giambusso Director, Division of Reactor Licensing i Edson G. Case Acting Director, Office of Nuclear Reactor Regulation 3 Howard Larson Acting Director, Office of Nuclear.

Material Safety and Safeguards 1 liarold Thornburg Acting Director, Office of Inspection and Enforcement 1 Richard Cunningham Acting Director, Division of Fuel Cycle

! and Material Safety 1 I

l Malcolm Ernst Project Director, Office of Special Studies 1 Boyce Grier Acting Director, Office of Inspection and Enforcement 1 John Hoyle Advisory Committee Management Officer 6 William Kerr Chairnan. Advisory Committee on Reactor 7

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4. The results of each proceeding conducted pursuant to 5 U.S.C. '552(a)(4).(F),

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including a report of the disciplinary action taken against the officer og employee who was primarily responsible for improperly withholding records or an' explanation of why disciplinary action was not taken.

Response. There have been no findings of ar'oitrary or capricious conduct on the part of NRC personnel or proceedings conducted pursuant to 5 U.S.C. 552(a) (4) (F) .

5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

Response. The NRC regulations impicmenting the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is enclosed. Also enclosed are amendments to 10 CFR Part 9 which ..

"I were published in the Federal Register on February 24, 1975 (40 FR 7893) and which are incorporated' into the codified print. I

, 6. A copy of the fee schedule and the total amount of fees collected by

the agency for making records available under 5 U.S.C. 552.

Response. The NRC fee schedule is contained in 10 CFR 9.14 of the Commission's regulations.

The only fee received by the NRC during 1975 was $474.00 charged for searching for records which required a detailed sear,ch of personnel records to determine the prior and subsequent employment of a large number of current and former agency personnel. For the most part, requests for NRC records have related to the health, safety, and environmental aspects of licensed activities, and the records which i have been made available have been placed in the NRC Public Document Room where they are available to the general public for inspection and copying. The NRC is now in the process of examining its procedures k

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with reggect to the charging of fees, and in particular the criteria which.should be considered in making a determination that " waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public" (5 U.S.C. 552(a) (4) (A)) .

With respect to documents which are in the NRC Public Document Room, the NRC has entered into a contract with a private firm to reproduce for the public copies of these documents at the costs specified in 10 CFR 9.14(a) -- normally $0.08 per page. It is our understanding that the fees collected by the contractor for this service during T) ~

1975 were approximately $45,000.

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! 7. Such other information as indicates effort to administer fully .

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5 U.S.C. 552.

Response. It is the Commission's policy that public participation.

and understanding are necessary cornerstones for the effective regulation of nuclear energy. The Commission encourages meaningful public participation in the regulatory process, and has sought to make available to the public documents considered by the staff in its review i of licens,e applications. The NRC Public Document Ro6m located at 1717 H Street, N.W., Washington, D. C. contains detailed information concerning essentially all applications for NRC licenses. The NRC Public Document Room is open to the public during normal business I

hours, and during 1975 over 550,000 copies were made of NRC documents.

The Commission is also continuing the policy of establishing public document rooms in areas where nuclear facilities are proposed for construction or operation in order that information related to nuclear a

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regulatory matters may be readily availabic to tke'public in the area affected. To.date, over 140 such document rooms have been established.

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With respect to the administration of the Freedom of Information Act itself, the Commission has followed a liberal disclosure policy, and has frequently made available for public inspection and copying documents i

j which could have'otherwise been withheld under the FOIA. In connection-with the 78 formal FOIA requests received in 1975, the Commission made available over 70,000 pages of material in addition to the material aircady in the NRC Public Document Room. In response to one request alone, a request for all documents relating to the extensive Reactor Safety Study (WASil-1400), the Commission has made available an. estimated e -

1 S0,000 pages of material. ,

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REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1976 ,

1 (a) Total number of initial determinations made by the agency not to comply with requests for records made under 5 U.S.C. 552 during calendar year 1976. .

43 (b) Authority relied upon for each such determination:

(1) ' Exemptions in 552(b):

Exemptions Invoked .

(by number) Number of Times Invoked 1 10 i

2 5 3 2

. . . .. 4 11 5 35

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. 6 7B 0 7C 4 7D* 3

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2 8 0 9 0

. (2) Statute invoked pursuant to Exemption No. 3:

Statutory Citation Number of Times Invoked j

.l 42 U.S.C. 2161-2'165 2

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2. (a) Total number of ' intra-agency appeals from adverse initial decisions made pursuant to 5 U.S.C. 552(4)(6):

17 (1) Number of appeals in which, upon review, the request was j granted in full:

3 (fee waivers granted on appeal)

(2) Number of appeals in which, upon review, the request was  !

denied in full:

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odle in which, upon review, t

. (3) Number o.

request was denied in part: .

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(b) Auth5TYty' relied upon for total or partial denials on appeal.

(1) Exemptions in 552(b):

, Exemption Invoked Number of Times

' (by number) Invoked 1 4 2 0 3 1 4 2 5 12 6 -

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, 7 0 8 0 9 0 (2) Statute invoked pursuant to Faemption No. 3: ,

j Statutory Citation Number of Times Invoked 'I' 42 U.S.C. 2161-2165 1

. 1 (3) Other Authorities Relied Upon:

l Statutory Citation Number of Times Invoked 5 U.S.C. 552(a)(4)(A) 1

3. (a) Names and titles or positions of each' person who is responsible for the initial denial of records requested and number of instances of

. participation of each:

- NUMBER OF INSTANCES NAME TITLE OF PARTICIPATION

} Daniel J. Donoghue,' Director, Office of Administration 30 Kenneth R. Chapman, Director, Office of Nuclear Material l Safety an,d Safeguards 12 Samuel J. Chilk, Secretary of the Ccemission 11 Thomas J. McTiernan, Director, Office of Inspector and Auditor 7 i 6

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! Ernst Volgenau, Director, Office of Inspection and Enforcement 9 j Raymond J. Brady, Director, Division of Security 3 Benard C. Rusche, Director, Office of Nuclear Reactor Regulation 2 John J. Burke, Deputy Director, Office of Administration 1 a

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i NUMBER OF INSTANCES NAME ~#

. j .., TITLE OF PARTICIPATION Howard K. Shapar, Executive Legal Director 5 Harold D'; Thornburg, Acting Director, Office of Inspection and Enforcement 1 John Hoyle, Assistant Secretary of the Commission 2 Dade W. Moeller, Chairman, Advisory Committee on Reactor Safeguards, Acting on Behalf of the Committee 2 Ralph G. Page, Deputy Director, Division of . Safeguards 2 Carl H. Builder, ' Director, Division of Safeguards 1 j Benjamin Huberman, Director, Office of Policy Evaluation 4 Peter L. Strauss, General Counsel 4 ,

! Thomas F. Engelhardt, Deputy Executive Legal Director 1 Robert B. Minogue, Director, Office of Standards Development 1 I William G. Mcdonald, Director, Office of Management Information and Program Control 2 Stephen H. Hanauer, Technical Advisor to Executive Director for Operations . 1 Calvin Jones, Director, Division of Organization and Personnel 1

, ; 3.(b) Names and titles or position of each person who, on appeal, is

+ responsible for denial in whole or in part of records requested i and the number of instances of participation in each:

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NAME TITLE .

Lee V. Gossick, Executive Director for Operations 11 i William A. Anders, Chairman of the Commission (Until April 21, 1976). 1

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Marcus A. Rowden, Chairman of the Commission (from I (April 22,1976) 3 Edward A. Mason, Commissioner 3 i

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8 NdMBER OF INSTANCES NAME ~

TITLE OF PARTICIPATION j -

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Victor Gilinksy, Commissioner 3 Richard T. Kennedy, Commissioner 3

4. The, results of each proceeding conducte'd pursuant to 5 U.S.C. 552(a)(4)(F),

including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding

. records or an explanation of why disciplinary action was not taken.

Response. There have been no findings of arbitrary or capricious conduct on the part of NRC personnel or proceedings conducted pursuant to 5 U.S.C. 552(a)(4)(F).

• t l 5. A copy of every rule made by the agency regardi% 5 U.S.C. 552.

t Response. The NRC regulations implementing the Freedom of Information

.Act are codified in Subpart A of 10 CFR Part 9, a copy of which is .,

enclosed. Also enclosed are amendments to 10 CFR Part 9 which were -

published in the Federal Register on May 20,1976 (41 FR 20645) and .:I l

l on June 24,1976 (41 FR 25997), and which are incorporated into the i codified print.

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l 6. A copy of the fee schedule and the total amount of fees collected by the agency for making records available under 5 U.S.C. 552.

Response. The NRC fee schedule is cont.ained in 10 CFR 9.14 of the Commission's regulations.

No search fees were collected during the year 1976. Fees collected for reproduction of records at places other than the NRC Public

. Document Room totaled $113.40.

With respect to documents which are in the NRC Public Document Room, j the NRC has entered into a contract with a private firm to reproduce i

for the public copies of these documents at the costs specified in 1 1 10 CFR 9.14(a) - normally $0.08 per page. It is our understanding -

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that the fees collected by the contractor for this service during 1976 were approximately $48,000.

7. Such other information as indicates effort to administer fully 5 U.S.C. 552.

Requests for documents under the FOIA increased substantially during the year 1976. During 1976, the NRC receivec 423 FOIA requests compared with only 78 requests in 1975. The NRC estimates that over 25,000 manhours were expended in responding to FOIA requests involving documents from all major NRC offices. Copies of FOIA requests and the documents released as a result of such requests are normally placed in NRC's Public Document Room in Washington, D. C. This procedure pro-

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vides the general public with access to the same documents released j to any individual.

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The NRC Public, Document Room is open to the public during normal busine.sshoufsfandcopicsofmostlicensingandrelateddocuments are fEdily likailable to the public for inspection and copying.

During 1976, over 600,000 copics were made of NRC documents. Special

. facilities were also established at the Public Document Room for all documents pertinent to the ongoing public hearing on the use of mixed-oxide fuci in light-water power reactors.

In addition to the Public Document Room in Washington, D. C., the NRC maintains more than 130 local public document rooms throughout the country near the site of proposed or existing nucicar power plants to afford easy public access to those documents considered by the staff in its review of license applications.

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g a' REPORT BY'adE NGCLEAR REGULATORY CO:21ISSION iN THE ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1977 1.(a) Totalnumsrof'initialdeterminationsmadebytheagencynotto '

comply with request for records made under 5 U.S.C. 552 during calendar year 1977:

106 (b) Authority relied'upon for each such determination:

(1) Exemptions in 552(b):

Exemptions Invoked (by number) Numer of Times Invoked i

1 49 2 0 3 .6 4 ~~

69 5 ,

93 ,

6 27 . '.

7A 20 "I 7B 1 _

7C. 2 7D 1 ) ,

7E O 7F 2 8 0 9 , 0 ,

(2) Statute invoked pursuant to Exemption No. 3:

Statutory Citation Number of Times Invoked i

I 42 U.S.C. 2161-2165 6 l 2.(a) Total number of intra-agency appeals from adverse initial decisions made pursuant to 5 U.S.C. 552(a)(6):  ;

52 (1) Number of appeals in which, upon review, the request was granted in full:

5-(2) Number of appeals in which, upon review, the request was denied in full:

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? (3b-Wumber of appeals in which, upon review, the request was

, denied in part:

15 (4) Number of appeals denied because requests did not reasonably describe the records requested:

2 (5) Number of appeals denied because no documents existed which were within the scope of the request:

i l 3 (6) Number of appeals pending response as of December 31, 1977:

4 (7) Number of appeals withdrawn: -

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I (b) Authority relied upon for total or partial denials.on appeal:

(l') Exemptions in 552(b):

Exemptions Invoked (by number) Humber of Times Invoked 1 13 s 2 0 3 1 4 9 5 22 6 7 7A 1 8 0 9 O

't (2) Statute invoked pursuant to Exemption No. 3:

I Statutory Citation Number of Times Invoked 42 U.S.C. 2161-2165 1 3.(a) Names and titles or positions of each person who is responsible for the

- initial denial of records requested and number of instances of participation of each:

NUMBER OF INSTANCES NAME TITLE OF PARTICIPATION Daniel J. Donoghue, Director, Office of Administration 97 b

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NAME TITLE NUltBER OF INSTANCES

_OF PARTICIPATION .

Myer Bender, Chairman, Advisory Committee on Reactor Safeguards, Acting on behalf of f the Committee 1

John Hoyle, as Assistant Secretary to the Commission 1

John Hoyle, as Advisory Committee Management Officer 1

Thomas J. McTiernan, Director, Office of Inspector & Auditor , 13 .

Benjamin Huberman, Director, Office of Policy Evaluation (1-1-77 to 5-21-77) 6 Kenneth S. Pedersen, Director, Office of Policy Evaluation' (6-19-77^to 12-31-77) .

. . 5 Peter L. Strauss, General Counsel _

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(1-1-77 to 6-30-77) l 9

Jerome Nelson, General Counsel (10-11-77 to 12-31-77) , h 1 ' '

James L. Kelley, Acting General Counsel *

(6-30-77 to 10-11-77) 2 i

Samuel J. Chilk, Secretary of the Commission 20 Raymond J. Brady, Director, Division of Security 10 Edward Halman, Director, Division of Contracts 22 Calvin Jones, Director, Division of Organization & Personnel 5 Howard K. Shapar, Executive Legal Director 3

James R. Shea, Director, Office of International Programs 1 I Joseph D. Lafleur, Deputy Director; Office of International i Programs 1 .

Robert C. Ryan, Director, Office of State Programs 1 Robert B. Minogue, Director, Office of Standards Development 1 Roger Mattson, Director, Division of Siting, Health and l Safeguards Standards i 3 l

Clifford V. Smith, Director, Office of Nuclear ?bterial l

( Safety and Safeguards  ;

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.5- IRHBER OF INSTANCES NAME TITLE OF PARTICIPATION s'

Kenneth R. Chapman, Director, Office of Nuclear Material

. Safety and Safeguards 6 Ben C. Rusche, Director, Office of Nuclear Reactor Regulation -

(1-1-77 to 4-16-77) ' 3 Edson G. Case, Acting Director, Office of Nuclear Reactor (4-17-77 to 12-31-77) Regulation 8 Saul Levine, Director, Office of Nuclear Regulatory Research 1 Ernst Volgenau, Director, Office of Inspection and Enforcement 20

3. (b) Names and titles or positions of each person who, on aopeal, is responsible for the denial in whole or in part of records requested and the number of instances of participation in each: .

1 i NUMBER OF INSTANCES .

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Lee V. Gossick, Executive Director for Operations 27 Marcus Rowden, Chairman, NRC -

(1-1-77 to 6-3-77) 6 Richard T. Kennedy, Ce missioner, NRC 8 l Victor Gilinsky, Commissioner, NRC 8 Peter A. Bradford, Commissioner, NRC (8-15-77 to 12-31-77)

. - 2 Joseph M. Hendrie, Chairman, NRC (8-3-77 to 12-31-77) . 2

4. The results of each proceeding conducted pursuant to 5 U.S.C. 552(a)(4)(F),

including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken. -

f Response: There have been no findings of arbitrary or capricious i conduct on the part of NRC personnel or proceedings conducted pursuant l to 5 U.S.C. 552(a)(4)(F).

i i 5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

Response: The NRC regulations impicmenting the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is enclosed.

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A copy}ct"the fee schedule and the total amount of fees collected by the agency for making records available under 5 U.S.C. 552.

Response

.I regulations.The NRC fee schedule is 10 CFR Part 9.14 of the Commission's No search fees were collected during the year 1977. Fees collected for reproduction of records at places other than the NRC Public Document Room totaled $493.32.

With respect to documents which are in the NRC Public Document Room, the NRC has entered into a contract with a private firm to reproduce for the public copies of these docunents at the cost specified in 10 CFR 9.14(a), normally $0.08 per page.

7. Such other information as indicates effort to admi,nister fully 5 U.S.C. 552.

Response: During 1977, NRC received 344 FOIA requests. The NRC ,,

staff reported over 31,000 manhours expended in responding to FOIA *\

requests involving documents from all major NRC offices. Copies of FOIA requests and the documents disclosed as a result of such requests are normally placed in the NRC Public Document Room in Washington, D.D.

This procedure provides the general public with access to the same -

document released to any irfividuals.

The NRC Public Document Room is open to the public during normal working business hours, and copies of most licensing and related

- documents are readily available to the public for inspection and copying. In addition to the Public Document Room in Washington, D.C.,

the NRC maintains more than 130 local public document rooms throughout the country near the site of proposed or existing nuclear power plants to afford easy public acces's to those documents considered by the staff in its review of license applications.

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n REPORT BY THE fiUCLEAR REGULAT0J.( C0l1 SION UN THE ADl4INISTRATION'0F Tile FREED 0!i 0F 1:lFORf!ATION ACT FOR 1978

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1. (a) Total number. o.f initial determination; made by the agency not to a comply with ,r '

i calendar yeaiequests 1978: for records made under 5 U.S.C. 552 during /

88 ,

(b) Authority relied upon for each such determination- ,

(1) Exemptions in 5 U.S.C. 552(b):

Exemp'tions Invoked (by number) flumber of Times Invoked 1 23  !

2 0 - :

3 0*

4 31 ,

5 29 -

6 24 i 7A 2 l .

78 0  :.-

7C 0  ;

I 7D 0 l 7E O j -

7F 0  ?

8 0 9 . 0 l

• The NRC did not invoke any other statute pursuant to Exemption (3) of the F0IA; however, the NRC has invoked sections 552b(c)(1) and (2) of the Government in the Sunshine Act (5 U.S.C. 552b) to withhold transcripts of closed Commission meetings. 3

2. (a) Total number of appeals made by persons from adverse initial decisions pursuant to 5 U.S.C. 552(a)(6): .

(1) Number of appeals in which, upon review, the appeal was -

granted in full:

12  !

) (Includes ~~B' a'pp'eals where the initial. -  !

response involved no denials, but requestor.

appealed the failure of the agency to respond within the 10 day response period.) .

t

{

(.

l. ,

s (2) Number of appeals in which, upon revie. the request was Menied in full: .

. 11 (3) Number of appeals in which, upon review, the request was

, -denied in part:

5 .

(4) Number of appeals pending response as of December 31, 1978:

6 (5) Number of appeals withdrawn: ,

i 1 (b) Authority relied upon for total or partial denials on appeal:

(1) Exemptions in 5 U.S.C. 552(b):

.'1-

~ ~

~'

Exemptions Invoked - ,.'.

(by number) Number of Times Invoked 1 5 2 0 I 3 0* ~

4 .

. 3

^5 7 6 4 7A 2

78 0 7C . 0 7D O 7E O 7F 0 8 0

. 9 0 4

• • The NRC did not invoke any other statute pursuant to (2)

Exemption (3) of the FOIA; however, the NRC has invoked sections 552b(c)(1) of the Government in the j

Sunshine Act (5 U.S.C. 552b) to withhold transcripts of closed Commission meetings.

3. (a) Names and titles or positions of each person who is responsible for the initial denial of records requested, and number of instances of participation of each:

L

^ ~ '

g .~ ~ .._'. . ~ ~ .

, ., hh~^ -

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HUMB.'

1. OF INSTANCES NAME OF P, aflCIPATION

l. Daniel J. Donoghue. Director, Office of Administration - ,

37

2. Joseph M. Fblton, Director, Division of Rules and Records. Office of Administration 33

3. Ernest Volgen. .-gu', Director, Office of Inspection and Enforcement (1-1-78 to 7-28-78) 12

4. John G. Davis, Acting Director, Office of Inspection and Enforcement (7-29-78 to 12-31-78) 11

5. Thomas J. McTiernan, Director, Office of Inspector /

_ ind Auditor (1-1-78 to 6-30-78)

. 4 6 Gene Abston,' Acting Director, Office of Inspector and .,

Auditor (7-3-78 to 11-12-78) ~

1 --

. "t

7. James L. Kelley, Acting General Counsel 5

8. Carlton R. Stoiber, Assistant General Counsel 1

I

9. Stephen Eilperin, Solicito,r 2

10. Samuel J. Chilk, Secretary of the Commission 20

11. Raymond J. Brady, Director, Division of Security 4 ,

, 12. Edward Halman, Director, Division of Contracts 13 i

13. Calvin C. Jones, Director, Division of Organization and j Personnel 1 ,

14. Howard K. Shapar Executive Legal Director 2

15. James R. Shea, Director, Office of International Progr'ams 1

16. Roger Mattson, Director, Division of Siting Health and Safeguards Standards 1

17. Clifford V. Smith, Director, Offics of Nuclear MateHal

. Safety and Safeguards 23 l

1 6., - . . -; -- ; ;

• i i

e ., _

NUMBER OF Il TANCES c NAME 7 0F PARTICII .il0N ~

18. Normah M. Haller, Director, Office of Management and, Program Analysis ,

7

~

~

19. Edson G. Case, Acting Director, Office of Nuclear Reactor Regulation (1-1-78 to 7-10-78)

• 4

20. Harold R. Denton, ' Director, Office of Nuclear

. Reactor Regulation (7-11-78 to 12-31-78) 2

3. (b) Names and titles or pos'itio'ns of each person who, on appeal, is responsible for the denial of records requested, and the number of instances of' participation in each:

. .j'

'~

2

~

NUMBER OF INSTANCES 8- NAME .... OF PARTICIPATION

1. Joseph M. Hendrie, Chairnian, NRC 4 ,.

z  ;, - ..

E 2. Victor Gilinsky, Commissioner, NRC 3 1

4 i

3. Richard T. Kennedy, Com'missioner, NRC. 4 f i 4. Peter A. Bradford, Commissioner, NRC 5

5. John F. Ahearne, Commissioner, NRC (7-31-78 to 12-31-78) 1

6. l$e V. Gossick,' Execut'ive Director for Operations 11

3. (c) In 1978 NRC cited the following officials of other Federal agencies as denying officials for information originated by other agencies . ,

. and contained in records subject to F0IA requests submitted to the NRC.

AGENCY OFFICIAL FOIA EXCEPTION _

~ . . . .

National Security' Roy R. Banner, Chief Agency (3)*

Policy Staff

[- Central S.ecurity Service

[

. National Security Agency ,

Department of John A. Griffin (1) & (3)**

Energy Office of Classification Department of Energy 1

,.: . .  :. ~~, . . . 9...: - @}.i::'jq. ', '_' .l';f ? i~ ). ~

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& -5 .

y . . _ .. . _

C -- -

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AGENCY OFFICIAL FCIA EXEMPTION

'l Federal Burqam-of- Allen H. McCreight, Chief

! Investigation (1)

I Freedom of Information and t

, Privacy Acts Branch l Federal Bureau of Investigation Federal Bureau of - William H. Webster, Director Investigation (7)(C)

, Federal Bureau of Investigation Central Intelligence ' Gene'F.' Wilson Agency - (3)***

Information and Privacy 1 - -

Coordinator

.,. Central In' telligence Agency

}Section 6 of P'ublic Law 86-36 (50 U.S.C. 402)

• • Sections 11(y),142(d) and 1.44 of the Atomic Ene.rgy Act, as amended

• • • 50U.S.C.403(d)(3)~

.- W .. -- , . . - , . .' = ,

4. The results of each proceeding conducted pursuant to 5 U.S.C. 552(a)

(4)(F), inc10 ding a report 6f , . .

"I l

the officer or employee who wathe disciplinary s primarily responsibleaction taken against for improperly withholdi

.not taken,ng .,

r'ecords, or~an explanation of why disciplinary action was.

-- - 1

~ Response: There have been no findings of arbitrary or capricious conduct pursuant to on5 the U.S.C. part552(a) of NRC p(4)(F).ersonnel, or proceedings conducted

5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

, Response: The NRC r,egulations implementing the Freedom of Information .

Act are codified in Subpart A of 10 CFR Part 9, a copy of which is '

, enclosed. _

6. A copy of the fee schedule and the total amount of fees collectdd

[ .

, by the agency for making records available under 5 U.S.C. 552. . ,

Response: The NRC fee schedule is contained in 10 CFR'Part 9.14 of the Commission's regulations.

9 .'., - . ' t.'-s-- M..; F .. .;,'s. . ]I_ . ' .-, . -P .m ,s ' , ~. . .; , ' - . . 'T" :._NT

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l' ' No search fees were collected duFing the year 1978. Fees collected by the NRC for reproduction of records totaled $2,676.

~

. The NRC has entered into a contract with a private firm to reproduce I

for the public copies of documents located at the NRC's Public Document Room, Washington, D.C. The cost of reproduction is specified in 10 CFR 9.14(a), nonnally $0.08 per page,'plus shipping and mailing costs. During 1978, the reproduction contractor billed PDR customers

$99,583.

7. Such other information as.indic,ates effort to administer fully I 5 U.S.C. 552. , _

l Re'sponsei During 1978. NRC received 349 F0IA requests. The NRC

. staff expended approximately 16,000 manhours responding to F0IA

, .' requests involving documents from all major NRC offices. Copies of

. .F0IA requests and the documents disclosed as a result of such

. requests are normally placed in the NRC Public Document Room in .

' l l Washington, D.C. Also documents. disclosed which relate specifically , . . ,

to a nuclear facility'are placed in the Local Public Document Room "I l l . for that ' facility. This procedure provides the general public with access to the same documents released to any individual. j The NRC Public Document Room is open to the pub 1'ic during normal i business hours, and copies of most licensing and related documents

'are readily available to the public for inspection and copying.

In addition to the Public Document Room in Washington, D.C., the NRC maintains more.than 130 Local Public Document Rooms throughout the country near the site of proposed or existing nuclear. power l

plants to afford easy public access to those documents considered by the staff in its review of license applications.

8. List of statutes available to the NRC under which reco.-ds would qualify for withholding pursur.ot to exemption (3) of the F0IA.-

l Response: Although not utilized in 1978, the NRC has in previous l years used sections 141 through 145 of the Atomic Energy Act of 1942 as amended, (42 U.S.C. 2161-2165), as authority to withhold

" restricted data".

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l REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1979

a . -

1. (a) Total number of initial determinations made by the agency not to comply with requests for records made under 5 U.S.C. 552 during calendar year 1979:

97 (b) Authority relied upon for each such determination:

(1) Exemptions in 5 U.S.C. 552(b):

Exemp(tions by number) Invoked Number ~of Times Invoked 1 15 2 8 3

5 4 36 5 26 6 26 7A 3 7B 0 7C 10 )

7D 9 7E 1 7F 0 8 0 9 0 (2) The NRC also used the following exemptions of the Government in the Sunshine Act to withhold transcripts of closed Commission meetings:

Exemp-!ans Invoked Number of Times Invoked (ty number) 1 1 2 1 6 5 9 1 10 1

2. (a) Total number of appeals made by persons from adverse initial decisions pursuant to 5 U.S.C. 552(a)(6):

(1) Number of appeals in which, upon review, the appeal was granted in full:

10 (Includes eight appeals where requester appealed the failure of the agency to respond within the 10 day response period.)

l 1

8 3

(2) Number of appeals in which, upon review, the request was dented in full:

9 (3) ' Number of appeals in which, upon review, the, request was denied in part:

8 (4) Number of appeals pending response as of December 31, 1979:

~

8 (5) Number of appeals withdrawn:

2 (b) Authority relied upon for total or partial denials on appeal:

(1) Exemptions in 5 U.S.C. 552(b):

Exemp(tions Invoked by r. umber) ~ Number of~ Times Invoked l 4 2 0 3 3 4 6 5 7 6 4 7A 0 78 0

.C 2 70 0 7E 0 7F 0 1 8 0 9 0 l l

(2) The NRC has used sections 552b(c)(1) twice and 552b(c)(4) once of the Government in the Sunshine Act (5 U.S.C. 552b) as the basis to withhold transcripts of closed Commission meetings.

3. (a) Names and titles or positions of each person who is responsible for the initial denial of records requested, and number of instan.es of participation of each:

l

i 2- - ' - NUMBER OF INSTANCES NAME OF PARTICIPATION

1. Joseph M. Felton, Director, Division of Rules and Records, Office of Administration 65

2. John C. Carr, Acting Director, Division of Rules and Records, Office of Administration 11

3. Sheldon J. Wolfe, Chairman, Atomic Safety and Licensing Board 6

4. James J. Cummings, Director, Office of Inspector and Auditor 4

5. Edward Hanrahan, Director, Office of Folicy Evaluation 1

6. Albert P. Kenneke, Acting Director, Office of Policy Evaluation 3

7. Dennis K. Rathbun, Acting Director, Office of Policy Evaluation 2

8. Leonard Bickwit, General Counsel 10

9. James L. Kelley, Acting General Counsel 1

10. Samuel J. Chilk, Secretary of the Commission 14

11. Carlton C. Kammerer, Director, Office of Congressional Affairs 6

12. Lee V. Gossick, Executive Director for Operations 1

13. Raymond J. Brady, Director, Division of Security, Office of Administration 7

14. Edward Halman, Director, Division of Contracts, Office of Administration 9

15. James R. Shea, Director, Office of International Programs 4

16. William J. Dircks, Director, Office of Nuclear Material Safety and Safeguards 18

17. Harold R. Denton, Director, Office of Nuclear Reactor Regulation 12

18. Stephen H. Hanauer, Director, Unresolved Safety Issues Program,0ffice of Nuclear Reactor Regulation 1

19. Victor Stello, Jr., Director, Office of Inspection and Enforcement 14

20. John G. Davis, Acting Director, Office of Inspection and Enforcement 8 yr iw w -- -- -g mT- + e --- y- y-y++ ---

y-- -

--:-y - .,-- - --- - , - - - '

s 3. (b) Names and titles-or positions of each person, who, on appeal, is responsible for the denial of records requested, and the number of instances of participation in each:

1 NUMBER OF INSTANCES NAME OF^ PARTICIPATION

1. Joseph M. Hendrie, Chainnan, NRC 7

2. Victor Gilinsky, Comissioner, NRC 7

3. Richard T. Kennedy, Comissioner, NRC 9

4. peter A. Bradford, Comissioner, NRC 9

5. John F. Ahearne, Comissioner, NRC 9

6. Lee V. Gossick, Executive Director for Operations 9

3. (c) In 1979 NRC cited the following officials of other Federal agencies as denying officials for information originated by other agencies and contained in records subject to FOIA requests submitted to the NRC.

AGENCY OFFICIAL FOIA EXEMPTION I Department of John A. Griffin, Director (1) & (3)

Energy Office of Classification Department of Energy Department of Harvey E. Lyon, Director (5)

Energy Office of Safeguards & Security Department of Energy Federal Bureau of David G. Flanders, Chief (7)(C)

Investigation Freedom of Information-Privacy Acts Branch Federal Bureau of Investigation Central Intelligence Robert E. Owen, DO Information (1), (3) & (6)

Agency Review Officer Central Intelligence Agency

4. The results of each proceeding conducted pursuant to 5 U.S.C. 552(a)(4)(F),

including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action was not taken:

Response: There have been no findirgs of arbitrary or capricious conduct on the part of NRC personnel, or proceedings conducted pursuant to 5 U.S.C. 552(a)(4)(F).

l

5

5. A copy of everyantle made by the agency regarding 5 U.S.C. 552.

Response: The NRC regulations implementing the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is enclosed.

6. A copy of the fee schedule and the total amount of fees collected by the agency for making records available under 5 U.S.C. 552.

Response: The NRC fee schedule is contained in 10 CFR Part 9.14 of the Connission's regulations.

No search fees were collected in 1979. Fees collected by the NRC for reproduction of records totaled $1,288.

In addition to the above fees, the NRC has entered into a contract with a private firm to reproduce for the public copies of records located at the NRC's Public Document Room in Washington, DC. During 1979, approximately $160,000 was received for the reproduction of hard copy and microfiche.

7. Such other information as indicates effort to administer fully 5 U.S.C. 552. -

Response: During 1979, NRC received 566 F0IA requests. The NRC staff expended approximately 18,000 manhours responding to F0IA requests involving records from all major NRC offices. Copies of FOIA requests and the records disclosed as a result of such requests are normally placed in the NRC Public Document Room in Washington, DC and, for records which relate to a specific nuclear facility, in the Local Public Document Room near that facility. This procedure provides the general public with access to the same records released to any individual.

The NRC Public Document Room and local public document rooms are open to the public during normal business hours, and copies of most licensing and related records are readily available to the public for inspection and copying. The NRC currently maintains more than 130 Local Public Document  ;

Rooms throughout the country.

The accidenat at the Three Mile Island Nuclear Power Plant (TMI) on March 28,1979, provided the NRC with a test of FOIA in a crisis situation - a situation which offered an unprecedented challenge to the agency's ability to fulf111 its obligations to FOIA requesters at a time when the energies of the entire staff were focused on protecting the public health and safety and averting a possible disaster.

In all, 40 FOIA requests wenrreceived for TMI records. Requesters were informed of NRC's plans for responding to the requests, and were told that because many of the persons who would have to locate and review records subject to the request were the very ones engaged in bringing the facility to a " cold shutdown" and protecting public health and safety, the full response would have to be delayed. Telephone contact was maintained

[

. .' . with the FOIA tequeste'rs throughout the review process. Records relating to the accident and subsequent actions were assembled and entered on a j

~

daily basis into NRC's document control system where each record was assigned a unique number and indexed. The records were then forwarded to NRC's Public Document Room in Washington, DC, and to a local public document room in Harrisburg, PA, not far from the TMt site. Subsequently, a second local public document room was established in York, PA. Daily printouts were also prepared which were eventually compiled into bound volumes listing some 7,000 records which ranged in length from one to several hundred pages.

In addition, the NRC made available more than 17,000 pages of transcripts which covered all telephone conversations to and from the NRC Headquarters Incident Response Center during the first five days after the TMI accident, and approximately 5,000 half-hour cassettes of all telephone discussions during the first 14 days.

8. List of statutes available to the 'NRC under which records would qualify for withholding pursuant to Exemption (3) of the FOIA.

Response: In 1979, the NRC utilized sections 141 through 145 of the Atomic Energy Act of 1942, as amended (42 U.S.C. 2161-2165), as authority to withhold " restricted data". .

E e

i

l-REPORT BY THE NUCLEAR REGULATORY C0tiMISSION ON THE ADMINISTRATION OF THE FREEDOM 0F INFORMATION ACT FOR 1980 a+- -

1. (a) Total number of initial determinations made by the agency not to comply.with requests for records made under 5 U.S.C. 552 during calendar year ~ 1980:

100 (b) Authority relied upon for each such determination:

(1) Exemptions in 5 U.S.C. 552(b):

Exemptiori. Invoked (by number) Number of Times Invoked 1 9 2 0 3 13 4 28 5 18 6 48 7A 8 .

78 1 1 7C 4 7D 1 7E 1 7F 0 8 0 9 0 (2) Statute invoked pursuant to Exemption No. 3:

Statutory Citation Number of Times Invoked 42 U.S.C. 2161-2165 8 42 U.S.C. 2167 5 (3) The NRC also used the following exemptions of the Government in the Sunshine Act to withhold transcripts of closed Commission meetings:

Exemptions Invoked (by number) Number of Times Invoked 1 3 6 2 l

- - - - - , - - - + ,

,---.e., --- . . . - . - - - - - , .

i 4 2

2. (a) Total number of- appeals made by persons from adverse initial decisions pursuant to 5 U.S.C. 552(a)(6):

(1) .Number of appeals in which, upon review, the request was

-granted in full:

16*

(2) Number of appeals in which, upon review, the request was denied in full:

17 (3) Number of appeals in which, upon review, the request was denied in part:

5 t

• Includes five appeals where the requester appealed the failure of the agency to respond within the 10 day response period.

Includes two appeals in which the requester was given access to the denied records only for his participation in a licensing proceeding.

Includes two appeals in which the Commission determined to make the document subject to the appeal available; however, the originator of the document sued in Federal District Court to enjoin disclosure of the document. The Court has at this time barred disclosure of the document pending resolution of the various claims.

G

, .--------.,y - -- , - . . - . , - - - . - - - , - . ~ . , , , - - . - - , .

n 3

1 i

(b) Authority relied upon for total or partial denials on appeal:

s 24_ . .

[ (1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked

" (by. number)

Number of Times Invoked 4

1 4 2 0

. 3 5* "

4 6 4

5 7 4

6 4 7A 1 7B 0 7C 1 7D 0 7E 0

7F 0 8 0 l 9 0 (2) Statute invoked pursuant to Exemption No. 3:

! Statutory Citation Number of Times Invoke 42 U.S.C. 2161-2165 2 42 U.S.C. 2167 3 3.- (a) Names and titles or positions of each person who is responsible for the initial denial of records requested, and number of instances

of participation of each

NUMBER OF INSTANCES NAME OF PARTICIPATION

1. Joseph M. Felton, Director, Division of Rules 81 and Records, Office of Administration

2. John C. Carr, Acting Director, Division of Rules 1 and Records, Office of Administration

3. Sheldon J. Wolfe, Chairman, Atomic Safety and Licensing 1 Board i

i *Section 147 of the Atomic Energy Act (42 U.S.C. 2167) became effective on June 30,1980. This Exemption 3 statute was used in three of the five appeals cited above. The NRC's use of Section 147 is now being challenged in the U.S. District Court. The three cases were denied at the initial request stage, appealed, and then the requesters sued in District Court before the NRC formally responded to the appeals. Accordingly, when the i

- agency received notice of the court action, the appeals were deemed administratively to be denied.

f s

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y 5

3. (b) Continued ^2+-~ -

NUMBER OF INSTANCES NAME OF PARTICIPATION

4. Richard T. Kennedy, Connissioner, NRC 5

5. Peter A. Bradford, Commissioner, NRC 3

6. Lee V. Gossick, Executive Director for Operations 2

7. William J. Dircks, Acting Executive Director for 9 i Operations 1

8. William J. Dircks, Executive Director for Operations 2

3. (c) In 1980, NRC cited the following officials of other Federal agencies as denying officials for information originated by other agencies and contained in records subject to FOIA requests submitted to the NRC.

AGENCY OFFICIAL FOIA EXEMPTION Department of Louis V. Nosenzo, Deputy Assistant I State Secretary (1)

Bureau of Oceans and International j Environmental and Scientific '

Affairs Department of Clayton E. McManaway, Deputy Assistant State Secretary (1)&(5)

Classification / Declassification Center D:partment of Thomas W. Ainsworth, Director State Mandatory Review (1)&(5)

Classification / Declassification Federal Bureau David G. Flanders, Chief I of Investigation (7A)&(78)

Freedom of Information-Privacy Acts Branch Federal Bureau Joseph E. Ondrula, Assistant Agent of Investigation (7A) in Charge O

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> 6

4. The results of gash proceeding conducted pursuant to 5 U.S.C. 552(a)(4)(F),

including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action was not taken:

Response: There 'have been no findings of arbitrary or capricious conduct on the part of NRC personnel, or proceedings conducted pursuant to 5 U.S.C. 552(a)(4)(F).

5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

Response: The NRC regulations implementing the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is t enclosed.

6. A copy of the fee schedule and the total amount of fees collected by the agency for making records available under 5 U.S.C. 552.

Response: The NRC fee schedule is set forth in 10 CFR 9.14. The total amount of fees collected by the NRC for making records available under 5 U.S.C. 552 was $3,965.98, which includes $1,470.60 search fees and

$2,495.38 for the reproduction of records.

In addition to the above fees, the NRC has entered into'a contract with h a private firm to reproduce for the public copies of records' located at the NRC's Public Document Room in Washington, DC. During 1980, approximately $150,000 was received by the contractor for the reproduction of paper copy and microfiche.

7. Such other information as indicates effort to administer fully 5 U.S.C. 552.

Response: During 1980, NRC received 639 FOIA requests. Copies of F0IA requests and the records disclosed as a result of such requests are normally placed in the NRC Public Document Room in Washington, DC and, for records which relate to a specific nuclear facility, in the Local Public Document Room near that facility. This procedure provides the general public with access to the same records released to any individual.

The NRC Public Document Room and Local Public Document Rooms are open to the public during normal business hours, and copies of most licensing and related records are readily available to the public for inspection and copying. The NRC currently maintains approximately 150 Local Public Document Rooms throughout the country.

The accident at the Three Mile Island Nuclear Power Plant (TMI) on March 28,1979 served to awaken the American public to voice their concerns about nuclear issues generally. This in turn gave rise to an J

s .

- . . I y 7 l

7. Continued  ;#-

~

increase in requests for infonnation ranging from early nuclear test programs conducted in the 1940's to current items of interest such as the routing.of . spent fuel shipments through cities and towns.

The Freedom of Infonnation Act has proven to be a popular vehicle not only for members of the public to obtain infonnation about the nuclear industry, but for NRC employees who utilize the Act to receive information about themselves and internal personnel practices and procedures. NRC's policy has been to comply with both the spirit and the letter of the FOIA, such as by telephoning requesters to keep them informed concerning the status of their requests and by assisting them in tailoring requests so that they can be expeditiously handled by the agency at the least cost to the requester.

t I

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.. e a REPOR THE NUCLEAR REGULATORY COV 10N ON 4 THE AOMINISTRAi10N OF THE FREEDOM 0F INFORMA110N ACT FOR 1981

1. (a) Total number f initial determinations made by the agency not to comply with requests for records made under 5 U.S.C. 552 during calendar- year 1981:

95 (b) Authority relied upon for each such determination: .

(1) Exemptions in 5 U.S.C. 552(b): -

Exempt' ions Invoked (by number) Number of Times Invoked ,

.1 7 2 5 3 7 4 -

20 5 35 6 33 7A 4 . .

78 1 j 7C 4

. 7D 4 7E O 7F 0 8 0 9 0 (2) Statute invoked pursuant to Exemptioh No. 3

Statutory Citation Number of Times Invoked 42 U.S.C. 2161-2165 ,,

1 42 U.S'.C. 2167 6 (3) The NRC also used the following exemptions of tbe Government in the Sunshine Act to withhold transcripts of closed Conmission meetings:

Exemptions Invoked -

(by number) Number of Times Invoked -

1 1 5 1 10 1 j

- ~ - . . - - . - - . - - - - , . . . _ , , . -

o 2

5 (4) The NRC also denied two requests for waiver of reproduction fees for docume Public D6E,nts, ument which Room. were already publicly available in the NRC's

2. (a) Total number of appeals made by persons from adverse initial decisions pursuant:to 5 U.S.C. 552(a)(6):

~

(1) Number of appeals in which, upon review, the request was -

granted in full: -

6* -

(2) Number of appeals in' which, upon review, the request was denied in. full:

6 .

(3) N0mber of appeals in which, upon review, the request was denied in part: ,

6 -

(b) Authority relied upon for total or partial denials on appeal: .

I (1) Exemptions in 5 U.S.C. 552(b): .

Exemptions Invoked (by number) Number of Times ' Invoked 1 O. '

2 0 3 -

0 4 0 . .

5 7 ,

6 4 7A - 0 78 .

0 7C 1 7D .1 7E O 7F 0

! 8 . 0 9 0

• Includes five appeals where the requester appealed the failure o'f the agency to respond within the 10-day response period. . .

4

3

3. (a) Names and tit 1.es.or positions of each person who is responsible for the initial'Tenial of records requested, and number of. instances of participation of each:

NUMBER OF INSTANCES NAME OF PARTICIPATION

1. Joseph M. Felton, Director, Division of Rules and 63 Records, Office o,f Administration -

2. Raymond J. Brady, Director, Division of Security, 1 .

Office of Administration

3. Paul E. Bird, Director, Division of Organization and ;l .

Personnel, Office of Administration

4. Edward L. Halman, Director, Division of Contracts, 2 Office of Administration .

~

5. Richard Salzman, Chairman, Atomic Safety and Licensing 1 Appeal Board

6. James J. Cummings, Director, Office of Inspector and 4 f Auditor

7. Dennis K. Rathbun, Acting Director, Office of Policy 2 Evaluation .

8. Leonard Bickwit, Jr., General Counsel 10

9. Samuel J. Chilk, Secretary of the Comission ' 29

10. Joseph J. Fouchard, Director, Office of Public Affairs 1

11. William J. Dircks, Executive Director fog .0perations 1

12. James R. Shea, Director, Office of' International Programs 4 l 13. Joseph D. Lafleur, Deputy Director, Office of International 2 .

l Programs,

14. Howard K. Shapar, Executive Legal Director 1

~

15. Thomas F. Engelhardt, Acting Executive Legal Director 1 i

16. John G. Davis, Director, Office of Nuclear Material 8 Safety and Safeguards-- --

e 1

.; 4

3. (a) Continued j .

fiUMBER OF IllSTANCES NAME. OF PARTICIPATION.

17. Harold R. Denton, Director, Office of Nuclear '

'10 Reactor Regulation -

18. Victor'Stello, Jr., Director, Office of Inspection 16 and Enforcement , ,

' 19. Richard C. DeYoung, Director, Office of Inspection 3 and Enforcement ,

20. Robert B. Minogue, Director Office of Nuclear 1 Regulatory Research .

21. Harold S. Bassett, Acting Director, Office of Management -

1

- and Program Analysis Names and titles or positions of each person, who, on appeal, is (b) responsible for the dental of records requested, and the number .

of instances of participation in each: I NUMBEROFINSTkNCES NAME OF PARTICIPATION

1. Joseph M. Hendrie, Chainnan, NRC. ,

6 -

2. John F. Ahearne, Commissioner, NRC 5' - .

~

3. Victor Gilinsky, Commissioner, NRC 5'

+

4. Peter A. Bradford, Commissioner, ~NRC 6

5. William J. Dircks, Executive Director for' Operations 6

(c) In 1981, the NRC cited the following officials of other Federal agencies as denying officials for information originated by those agencies and i contained in records subject to F0IA requests submitted to the NRC. -

AGENCY OFFICIAL FOIA EXEMPTION Federal' Bureau of William H. Webster, Director (7C)&(7D) ,

Investigation ,

4. The results of each proceeding conducted pursuant to 5 U.S.C. 552(a)(4)(F),

including a report of the disciplinary action taken against the office'r or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action was not taken.

Response: There have been no findings of arbitrary or capricious conduct cn the part of NRC perso'nnel, or proceedings conducted pursuant to 5 U.S.C. 552(a)(4)(F).

.. _ _- . --- - = - . .. - - - __ _ __

. . 7 5

5. A copy of ev,e,ry rule made by the agency regarding 5 U.S.C. 552.

Response: The NRC regulations implementing the Freedon of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is en-closed.2- Also. enclosed is a copy of the NRC's Manual Chapter on the ' '

Freedom of Information Act.

6. A copy of the fee schedule and the total number of fees collected by the agency for making records available under 5 U.S.Cr 552. .

i Response: The NRC fee schedule is set forth in 1D CFR 9.14. The total amount of fees collected by the NRC for making records available under 5 U.S.C. 552 was $5,893.12, which includes $2,375.50 search fees and $3,517.62 for the reproduction of records. .

In addition to the above fees, the NRC has entered into a no cost to the government contract with a' private finn to reproduce for the public copies of records located at the NRC's Public Document Room in Washington, D. C. During 1981, approximately $174,065.39 was received by the contractor for the reproduction of paper copy and microfiche. -

7. Such other information~ as indica.tes effort to administer fully .

5 U.S.C. 552. 1-

- Response: During 1981, the NRC received 518 FOIA requests. Copies of F0IA requests and the records disclosed as a result of such requests are normally placed in the NRC Public Document Room in Washington, D. C.

.and, for records which relate to a specific nuclear facility, in the -

l Local Public Document Room near that facility. This procedure provides

! the general public with access to the same records released to any ,

i individual.

~

In addition ~ to providing genera? pub 1ic access to this released material, the Commission routinely releases for public viewing on the average of ,

365 new documents each day on virtually every aspect of its statutory ,

mandate thereby chronicling in caps.uTe form the day to day business of i the Commission as a whole. This extensive voluntary document release l program has resulted in more than one million documents being made available for public inspection and copying at the present time in the Commission's public document file in Washington, D. C. Additionally, the NRC currently provides extensive document files relating to individual nuclear power' facilities in approximately 150 Local Public Document Rooms .

l throughout the country. l f The Freedom of Information Act continued to be a popular vehicle not i only,for members of the public to obtain information about the nuclear

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. . 6 .

industry, but. for.NRC employees who utilize the Act to receive infor-mation aboufThemselves and internal personnel practices and procedures.

The NRC's policy has been to comply .with both the spirit and the letter of the FOIA, such as by telephoning requesters to keep them informed -

concerning the status of their requests and by assisting. them in -

tailoring requests so that they can be expeditiously handled by the agency at the least cost to the requester. .

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.u REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM 0F INFORMATION ACT FOR 1982

1. (a) Total number of initial determinations made by the agency not to comply with requests for records made under 5 U.S.C.

during calendar year 1982:

103 (b) Authority relied upon for each such determination:

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked (by number) Number of Times Invoked 1 4 )

2 0 3 15 4 14 5 53 6 30 7A 78 11 1

. .. ).)

7C 6 70 8 7E 1 7F 0 8 0 9 0 (2) Statutes invoked pursuant to Exemption 3:

Statutory Citation Number of Times Invoked f

42 U.S.C. 2161-2165 3 42 U.S.C. 2167 6 5 U.S.C. 552b 6 I

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2. (a) Total number of appeals made by persons from adverse initial

' decision pursuant to 5 U.S.C. 552(a)(6):

(1) Number of appeals in which, upon review, the request was granted in full:

1*

(2) Number of appeals in which, upon review, the request was denied in full:

14

"(3) Number of appeals.in which, upon review, the request was denied in part:

10**

(b) Authority relied upon for total or partial denials on appeal:

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked (by number) Number of Times Invoked 1 1 . g 2 0 ' .

3 3 4 1 5 18 6 0 7A 3 78 0 7C 1 70 2 7E O

, 7F . 0

, 8 0 9 0 (2) Statute invoked pursuant to Exemption 3:

Statutory Citation Number of Times Invoked 5 U.S.C. 552b 3

• The requester limited his appeal to the lack of completeness of the search for documents subject to his request. Based on specific information provided by the requester, the NRC located additional documents.

• • Includes one appeal of waiver of reproduction fees.

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3. (a) Name and title or position of each person who is responsible

-for the initial denial of records requested, and number of instances of participation of each:

NUMBER OF INSTANCES NAME OF PARTICIPATION

1. Joseph M. Felton, Director 72 Division of Rules and Records Office of Administration

2. Edward L. Halman, Director 2 Division af Contracts Office of Administration

3. Jaries J. Cummings, Director 2 Office of Inspector and Auditor

4. James A. Fitzgerald, Acting Director 1 Office of Investigations  ;

5. Forrest J. Remick, Director 2 Office of Policy Evaluation

6. John E. Zerbe, Director 2 Office of Policy Evaluation g

~ . ..g

7. Dennis K. Rathbun, Acting Director 1 Office of Policy Evaluation

8. Lecnard Bickwit, Jr. 19 General Counsel

9. Samuel J. Chilk 12 Secretary of the Commission

10. John C. Hoyle 7 .

Assistant Secretary of the Commission

11. John C. Hoyle 1 Advisory Committee Management Officer

12. James R. Shea, Director 5 Office of International Programs

13. Guy H. Cunningham, III 4 Executive Legal Director

o

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2

.a ~ -

. NUMBER OF INSTANCES NAME" 0F PARTICIPATION

14. John G. Divis, Director 16 Office o* Nuclear Material Safety and Safeguards

15. Harold R. Denton, Director 6 Office of Nuclear Reactor Regulation

16. Richard C. DeYoung, Director 7 Office of Inspection and Enforcement

17. Robert B. Minogue, Director 1 Office of Nuclear Regulatory Research

18. Carlyle Michaelson, Director 2 Office of Analysis and Evaluation of Operational Data

19. Ronald C. Haynes, Regional Administrator 7 Region I

20. James P. O'Reilly, Regional Administrator 5 Region II

21. James G. Keppler, Regional Administrator 6 .);9 Region III

22. John T. Collins, Regional Administrator 1 Region IV

23. Robert H. Engelken, Regional Administrator 1 Region V (b) Name and title or position of each person, who, on appeal, is responsible for the denial of records requested, and the number of instances of participation of each

,

NUMBER OF INSTANCES NAME OF PARTICIPATION

1. Nunzio J. Palladino, Chairman, NRC 10

2. Victor Gilinsky, Commissioner, NRC 7

3. John F. Ahearne, Commissioner, NRC 9

, , - - - - - - - - , - - - . . , - . - - , . -, --~ - , - -

a ..

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2., -

NUMBER OF INSTANCES NAME OF PARTICIPATION

4. Thomas M. Roberts, Commissioner, NRC 6

5. James K. Asselstine, Commissioner, NRC 5

6. Peter A. Bradford, Commissioner, NRC 3

7. William J. Dircks, Executive Director 14 for Operations

8. E. Kevin Cornell, Deputy Executive 1 Director for Operations (c) In 1981, the NRC cited the following officials of other Federal agencies as denying officials for information originated by those agencies and contained in records subject to F0IA requests submitted to the NRC.

AGENCY OFFICIAL FOIA EXEMPTION _ j Federal Bureau of James K. Hall, Chief 7C Investigation Freedom of Information/

Privacy Acts Section

4. The results of each proceeding conducted pursuant to 5 U.S.C. . .. ,h 552(a)(4)(F), including a report of disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action was not taken.

Response: There have been no findings of arbitrary or capricious conduct on the part of NRC personnel, or proceedings conducted pursuantto5U.S.C.552(a)(4)(F).

5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

Response: The NRC regula~tions implementing the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is enclosed.

6. A copy of the fee schedule and the total number of fees collected by the agency for making records available under 5 U.S.C. 552.

Response: The NRC fee schedule is set forth in 10 CFR 9.14. The total amount of fees collected by the NRC for making records available under 5 U.S.C. 552 was $3,688.73, which includes $1,837.60 search fees and $1,851.13 for the reproduction of records.

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In addition to the above fees, the NRC has entered into a no cos't to the. government contract with a private firm to reproduce for the public copies of records located at the NRC's Public Document Room in Washington, DC. During 1982, approximately $153,375.00 was received by the contractor for the reproduction of paper copy and microfiche.

7. Such other information as indicates effort to administer fully 5 U.S.C. 552.

Response: During 1982, the NRC received 630 F0IA requests. Copies of FOIA requests and the records disclosed as a result of such requests are normally placed in the NRC Public Document Room in Washington, DC, and, for records which relate to a specific nuclear facility, in the Local Public Document Room near that facility.

This procedure provides the general public with access to the same records released to any individual.

In addition to providing general public access to this released material, the Commission routinely releases for public viewing an -

average of 334 new documents each day on virtually every aspect of f NRC's regulatory program. This extensive voluntary document release program has resulted in more than one million documents being made available for public inspection and copying in the Commission's Public Document Room in Washington, DC. Additionally, the NRC currently provides extensive document files relating to ,

individual nuclear power facilities in over 130 Local Public . . , ).p Document Rooms throughout the country.

4

l REPORT BY T ' NUCLEAR REGULATORY COPNISSION '

,} ,

THE ADMINISTRATIOP _E THE FREEDOM 0F INFORMATION AC. FOR 1983

1. (a) Total quaber of initial detenninations made by the agency not to comply with requests for records made under 5 U.S.C. 552 during calendar year 1983:

152 (b) Authority relied upon for each such detennination:

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked (by number) Number of Times Invoked 1 9 2 1 3 8 4 23 5 77 6 44 7A 17 78 0 7C 22 70 19 -

7E 1 I 7F 0 8 0 9 0 (2) Statutes invoked pursuant to Exemption 3:

Statutory Citation Number of Times Invoked 42 U.S.C. 2161-2165 2 i

42 U.S.C. 2167 6 (3) The number of requests for which the NRC cited the Government in the Sunshine Act to withhold transcripts of closed Comission meetings:

6

2. (a) Total number of appeals made by persons from adverse initial decisions pursuant to 5 U.S.C. 552(a)(6):

(1) Number of appeals in which, upon review, the request 4

was granted in full:

10*

• Includes five appeals where the requesters appealed the failure of the i

agency to respond within the 10 day response period. Also includes one appeal of the adequacy of search for documents subject to the request.

In that case, based on new information provided by the requester, the NRC was able to locate additional documents.

6 T , 2 (2) NumtMfr of appeals in which, upon review, the request was denied in full:

14 (3) Number of appeals in which, upon review, the request was denied in part:

10 (b) Authority relied upon for total or partial denials on appeal:

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked (by number) Number of Times Invoked 1 1 2 0 3 0 4 6 5 13 6 2 j 7A 4 78 0 7C 6 7D 4 7E 0 7F 0 8 0 9 0 (2) The number of appeals for which the NRC cited the Government in the Sunshine Act to withhold transcripts of closed Commission meetings:

2

3. (a) Name and title or position of each person who is responsible for the initial denial of records requested, and number of instances of participation of each:

NUMBER OF INSTANCES NAME OF PARTICIPATION

1. Joseph M. Felton, Director 82 Division of Rules and Records Office of Administration

2. Raymond J. Brady, Director 5 Division of Security Office of Administration s

3 3

i NUMBER OF INSTANCES NAME -

, . OF PARTICIPATION

3. Edward L. Halman, Director 2 Division of Contracts Office of Administration

4. 8, Paul Cotter, Jr., 1 Chief Administrative Judge Atomic Safety and Licensing Board Panel

5. 'Herzel H. E. Plaine 1 General Counsel

6. Martin G. Malsen 1 ,

Acting General, Counsel l

l 7. James A. Fitzgerald 24

, Assistant General Counsel

8. Samuel J. Chilk 2 i Secretary of the Comission

9. John C. Hoyle 35 Assistant Secretary of the Commission j

10. James J. Cumings, Director 14 Office of Inspector and Auditor

11. George Messenger, Acting Director 1 Office of Inspector and Auditor

12. John E. Zerbe, Director 5 Office of Policy Evaluation

13. Sen B. Hayes, Director 13 Office of Invertigations

14. Carlton C. Kammerer, Director 2 Office of Congressional Affairs

15. Victer Stello, Jr. , 1 Deputy Executive Director for Regional Operations and Generic Requirements

16. Guy H. Cunningham, III 2 Executive Legal Director

17. Learred W. Barry, Director 2 Office of Resource Management

i 4 4

NUMBER OF INSTANCES NAME OF PARTICIPATION

+~

18. James R. Shea, Director 2 Office of International Programs

19. Joseph D. Lafleur, Jr. , Deputy Director 1 Office of International Programs

20. Clemens J. Heltemes, Jr. , Director 3 Office for Analysis and Evaluation of Operational Data

21. William 3. Kerr, Director 1 Office of Small and Disadvantaged Business Utilization and Civil Rights - ..

22. John G. Davis, Director 5 Office of Nuclear Material Safety and Safeguards

23. Harold R. Denton, Director 13 Office of Nuclear Reactor Regulation

24. Robert B. Minogue, Director 2 j Office of Nuclear Regulatory Research

25. Richard C. DeYoung, Director i Office of Inspection and Enforcement

26. Ronald C. Haynes, Regional Administrator 3 Region I

27. Thomas E. Murley, Regional Administrator 6 Region 1

28. James M. Allan, Acting Regional Administrator 1 Region 1

29. James P. O'Reilly, Regional Administrator 5 Region II

30. James G. Keppler, Regional Administrator 8 Region III

31. John T. Collins, Regional Administrator 1 Region IV

32. John B. Martin, Regional Administrator 2 Region V i

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5 x-(b) Name and title or position of each person who, on appeal, is responsible for the denial of records requested, and the

' number.of instances of participation of each:

NUMBER OF INSTANCES NAME OF PARTICIPATION

1. Nunzio J. Palladino, Chairman, NRC 14

2. Victor Gilinsky, Commissioner, NRC 11

3. Thomas M. Roberts, Commissioner, NRC 14

4. Janes K. Asselstine, Commissioner, NRC 13

5. Frederick M. Bernthal, Commissioner, NRC 5

6. John F. Ahearne, Commissioner, NRC 8

7. William J. Dircks, Executive Director for 8 Operations -

8. Jack W. Roe, Acting Executive Director for 2 Operations (c) In 1983, the NRC cited the following officials of other Federal agencies as denying officials for information originated by those agencies and contained in records subject to FOIA requests submitted to the NRC.

AGENCY OFFICIAL F0IA EXEMPTION Central Intelligence Mr. Paul Marr, Information (1) and (3)

Agency Review Officer for Directorate of Intelligence Department of State Mr. John R. Burke, Deputy (1) and (3)

Assistant Secretary, Classification / Declassification Center, Bureau of Administration Department of Energy Mr. Robert T. Duff, Director (3)

Office of Classification Department of Energy Mr. J. W. Vaughn, Deputy Director (3) for Naval Reactors l

l l

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4. The results.of,each' proceeding conducted pursuant to 5 U.S.C.

552(a)(4)(Ffincludingareportofdisciplinaryactiontaken against the officer or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action was not taken.

Response: There have been no findings of arbitrary or capricious conduct on the part of NRC personnel or proceedings conducted pursuant to 5 U.S.C. 552(a)(4)(F).

5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

Response: The NRC regulations implementing the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a cupy of which is enclosed.

6. A copy of the fee schedule and the total number of fees collected by the agency for making records available under 5 U.S.C. 552.

Response: The NRC fee schedule is set forth in 10 CFR 9.14. The total amount of fees collected by the NRC for making records available under 5 U.S.C. 552 was $3,190.36, which includes $426.00 search fees and $2,764.36 for the reproduction of records. .

1 In addition to the above fees, the NRC has entered into a no cost to the government contract with a private firm to reproduce for the public, copies of records located at the NRC's Public Document Room in Washington, DC. During 1983, approximately

$147,387.80 was received by the contractor for the reproduction of paper copy and microfiche.

7. Such other information as indicates effort to administer fully 5 U.S.C. 552.

Response: During 1983, the NRC received 793 FOIA requests. Copies of FOIA requests and the records disclosed as a result of such requests are normally placed in the NRC Public Document Room, and, for records which relate to a specific nuclear facility, in the Local Public Document Room located near the site. This procedure provides the general public with access to the same records released to any individual.

In addition to providing general public access to material released under the Freedom of Information Act, the NRC routinely releases for public viewing in its document room, an average of over 325 new documents each day on virtually every aspect of NRC's regulatory program. This extensive voluntary document release program has resulted in more than one million documents being made available for public inspection and copying in the Comission's Public Document Room in Washington, DC. Additionally, the NRC currently provides extensive document files relating to individual nuclear power facilities in over 110 Local Public Document Rooms throughout i the country. I i

1

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4.- -

REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1984

1. (a) Total number of initial determinations made by the agency not to comply with requests for records made under 5 U.S.C. 552 during calendar year 1983:

232 (b) Authority relied upon for each such determination:

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked (by number) Number of Times invoked 1 8 2 1 3 6 4 47 5 130 6 57 7A 31

. 78 0 7C 29 7D 28 7E 0 7F 0 8 0 9 0 (2) Statutes invoked pursuant to Exeniption 3:

Statutory Citation Number of Times Invoked 42 U.S.C. 2161-2165 1 42 U.S.C. 2167 5 (3) The number of requests for which the NRC cited the Government in the Sunshine Act to withhold transcripts of closed Comission meetings:

13

. - . . =_ - __ - - _ __ . ._ _ _ _ - _ _ . _ _ - ___- . . . _ _ . ____

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2. (a):. Total number of appeals made by persons from adverse initial decis~ ions pursuant to 5 U.S.C. 552(a)(6):

(1) Number of appeals in which, upon review, the request was granted in full:

45*

(2) Number of appeals in which, upon review, the request was denied in full:

15**

(3) Number of appeals in which, upon review, the request was denied in part:

17 (b) Authority relied upon for total or partial denials on appeal: ,

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked (by number) Number of Times invoked 1 2 2 0 3 0 4 1 5 24 6 2 7A 3 78 0 7C 3 70 2 7E O 7F 0 8 0 9 0

• Includes 40 appeals where the requesters appealed the failure of the agency to respond within the 10-day response period.

• • Includes one appeal challenging the adequacy of search for records subject to the request. Upon further search, the NRC was still unable to locate documents subject to the request. Also includes one appeal of the agency's determination that a portion of the request lacked reasonable specificity to enable the agency to locate records sought. In the appeal letter, the requester did not clarify the scope of the request, and the NRC's initial determination was affirmed.

'd '

, . I s

s- -

3 (2) The number of appeals for which the NRC cited the Government in the Sunshine Act to withhold transcripts of closed Commission meetings:

1

3. (a) Name and title or position of each person who is responsible for the initial denial of records requested, and number of instances of participation of each:

Number of Instances " '

Name of Participation

1. Joseph M. Felton, Director 150 Division of Rules and Records Office of Administration

2. Raymond J. Brady, Director 6 Division of Security Office of Administration

3. Edward L. Halman, Director 1 Division of Contracts Office of Administration

4. James A. Fitzgerald 35 Assistant General Counsel

5. C. Sebastian Aloot 1 Office of the General Counsel

6. Samuel J. Chilk 1 Secretary of the Commission

7. John C. Hoyle 68 Assistant Secretary of the Commission

8. Sharon R. Connelly, Director 9 Office of Inspector and Auditor

9. George Messenger, Acting Directer 5 Office of Inspector and Auditor

10. John E. Zerbe, Director 9 Office of Policy Evaluation

11. Ben B. Hayes, Director 32 Office of Investigations

12. Carlton C. Kammerer, Director 1 Office of Congressional Affairs

4 1

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Number of Instances Name of Participation

13. Victor Stello, Jr. 1 Deputy Executive Director for Regional Operations and Generic Requirements

14. Guy H. Cunningham, III 2 Executive Legal Director

15. Learned W. Barry, Director 1 Office of Resource Management

16. James R. Shea, Director 3 Office of International Programs

17. Joseph D. Lafleur, Jr., Deputy Director 1 Office of International Programs j

18. Clemens J. Heltemes, Jr., Director 2 Office for Analysis and Evaluation of Operational Data

19. John G. Davis, Director 9 Office of Nuclear Material Safety and Safeguards

20. Harold R. Denton, Director 47 Office of Nuclear Reactor Regulation

21. Robert B. Minogue, Director 2 Office of Nuclear Regulatory Research

22. Richard C. DeYoung, Director 10 Office of Inspection and Enforcement

23. Thomas E. Mtriey, Regional Administrator 8 Region I

24. James P. O'Reilly, Regional Administrator 12 Region II

25. James G. Keppler, Regional Administrator 25 Region III

26. Robert D. Martin, Regional Administrator 8 Region IV l

l

ss 6

+-

5-Number of Instances

-Name. of Participation

27. John T. Collins, Regional Administrator 5 Region IV

28. John B. Martin, Regional Administrator 3 Region V (b) Name and title or position of each person who, on appeal, is responsible for the denial of records requested, and the number of instances of participation of each:

Number of Instances Name of Participation *

1. Nunzio J. Palladino, Chairman, NRC 20

2. Victor Gilinsky, Comissioner, NRC 11

3. Thomas M. Roberts, Comissioner, NRC 21 h

4. James K. Asselstine, Comissioner, NRC 21

5. Frederick M. Bernthal, Commissioner, NRC 20

6. Lando W. Zech, Jr., Comissioner, NRC 6

. 7. William J. Dircks, Executive Director 11 Operations (c) In 1984, the NRC cited the following officials ' fo other Federal agencies as denying officials for information originated by those agencies and contained in records subject to F0IA requests submitted to the NRC:

Agency Official F0IA Exemption Department of Energy Mr. Joseph DiStefano (5)

Assistant General Counsel for Litigation Department of Energy Mr. Robert T. Duff, Director (3)

Office of Classification

4. The results of each proceeding conducted pursuant to 5 U.S.C.

552(a)(4)(F), including a. report of disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action was l not taken. I

• Commissioners participate in appeals as a collegial body.

f s .

Response: There have been no findings of arbitrary or capricious conduct on the part of NRC personnel, or proceedings conducted pursuant to 5 U.S.C. 552(a)(4)(F).

5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

Respons_e: The NRC regulations implementing the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is enclosed.

6. A copy of the fee schedule and the total number of fees collected by the agency for making records available under 5 U.S.C. 552.

Response: The NRC fee schedule is set forth in 10 CFR 9.14. The total amount of fees collected by the NRC for making records available under 5 U.S.C. 552 was $11,433.23, which includes $885.00 search fees and

$10,548.23 for the reproduction of records.

During the past year, approximately 3.4 million copies were made of records located in NRC's Public Document Room in Washington, DC. The NRC has entered into a no cost to the government contract with a private firfm to reproduce, for the public, copies of records located at the Public Document Room. During 1984, approximately $220,000 was received by the contractor for the reproduction of paper ccpy and microfiche.

7. Such other information as indicates effort to administer fully 5 U.S.C.

552.

Response: During 1984, the NRC received 1039 FOIA cases, an increase of about 20% over the previous year. Copies of FOIA requests and the records disclosed as a result of such requests are normally placed in the NRC Public Document Room and, for records which relate to a specific -

nuclear facility, in the Local Public Document Room located near the site. This procedure provides the general public with access to the same records released to any individual.

j In addition to providing general public access to material released under the Freedom of Information Act, the NRC routinely releases for public inspection and copying in its document rooms, an average of over 350 new documents each day on virtually every aspect of NRC's regulatory program. This extensive voluntary document release program has resulted in more than 1.3 million documents being made available in the Commis-sion's Public Document Room in Washington, DC. Additionally, the NRC maintains extensive document collections relating to individual nuclear power facilities in over 110 Local Public Document Rooms located throughout the country.

s i

.u REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM 0F INFORMATION ACT FOR 1985

1. (a) Total number of initial determinations made by the agency not - -

to comply with requests for records made under 5 U.S.C. 552 during calendar year 1985:

205 (b) Authority relied upon for each such determination:

(1) Exemptions in 5 U.S.'. C 552(b):

Exemptions Invoked (by number) Number of Times Invoked 1 3 .

2 2 )

3 5 4 24 5 114 6 76 7A 47 78 1 7C 33 7D 26 7E O 7F 1 8 0 9 0 (2) Statutes invoked pursuant to Exemption 3:

Statutory Citation Number of Times Invoked 42 U.S.C.2161-2165 1 42 U.S.C. 2167 3 18 U.S.C. (rule 6(e)) 1 (3) The number of requests for which the NRC cited the Government in the Sunshine Act to withhold transcripts of closed Commission meetings:

10

i

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i 2

2. (a) TotakJwnber of appeals made by persons from adverse initial decisions pursuant to 5 U.S.C. 552(a)(6):

(1) Number of appeals in which, upon review, the iequest was

?" granted in full:

32*

(2) Number of appeals in which, upon review, the request was denied in full:

9**

(3) Number of appeals in which, upon review, the request was denied in part:

9 (b) Authority relied upon for total or partial denials on appeal:

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked (by number) Number of Times Invoked h 1 0 2 0 3 0 4 4 5 12 6 2 7A 4 78 0 7C 1 7D 0 7E 0 7F 0 8 0 9 0

• Includes 23 appeals where the requesters appealed the failure of the agency to respond within the 10-day response period. The files on these appeals were closed upon NRC's responses to the requests. Includes four appeals challenging the completeness of NRC's responses to the requests. Upon further evaluation, the NRC reaffirmed its initial determination. Includes two appeals which were wi thdrawn. Includes one appeal challenging the adequacy of search for records subject to the request. Upon further search, the NRC made available additional records.

• • Includes one appeal for a denial of a fee waiver.

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3. (a) Name hed'tttle or position of each person who is responsible for the initial denial of records requested, and number of instances of participation of each:

Number of Instances Name of Participation

1. Patricia G. Norry, Director 5 Office of Administration

2. Donnie H. Grimsley, Director 14 Division of Rules & Records Office of Administration

3. Joseph M. Felton, Director 109 Division of Rules & Records Office of Administratio.n

4. Raymond J. Brady, Director 1 Division of Secuirty Office of Administration

5. Edward L. Halman, Director 5 -

Division of Contracts i Office of Administration

6. James A. Fitzgsrald 27 Assistant General Counsel

7. C. Sebastian Alcot 1 Office of the General Counsel

8. Samuel J. Chilk 1 Secretary of the Commission

9. John C. Hoyle 46 Assistant Secretary of the Commission

10. Sharon R. Connelly, Director 24 Office of Inspector and Auditor

11. John E. Zerbe, Director 9 Office of Policy Evaluation

12. Ben B. Hayes, Director 35 Office of Investigation

13. Carlton C. Kammerer, Director 8 Office of Congressional Affairs

14. B. Paul Cotter, Jr., 4 Chief Administrative Judge Atomic Safety and Licensing Board Panel

._ ~

l 6

4

-g # ,- . Number of Instances Name of Participation

15. Victor Stello, Jr. , 1 u . Deputy Executive Director for Regional Operations and Generic Requirements

16. Guy H. Cunningham, III 7 Executive Legal Director .

17. James R. Shea, Director 5 Office of International Programs

18. John G. Davis, Director 11 Office of Nuclear Material Safety and Safeguards .

19. Harold R. Denton, Director 21 Office of Nuclear Reactor Regulation

20. Robert B. Minogue, Director 4 Office of Nuclear Regulatory Research ,

21. James M. Taylor, Director 8 Office of Inspection and Enforcement

22. Richard C. DeYoung, Director 1 Office of Inspection and Enforcement

23. Thomas E. Murley, Regional Administrator 10 Region I

24. J. Nelson Grace, Regional Administrator 6 Region II

25. James P. O'Reilly, Regional Administrator 1 Region II

26. James G. Keppler, Regional Administrator 24 Region III

27. Robert D. Martin, Regional Administrator 13 Region IV

28. John B. Martin, Regional Administrator 2 Region V l l

> -, - . . - . ~ .n_ _

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(b) Name sad-titfe or position of each person who, on appeal, is responsible for the denial of records requested, and the number of instances of participation of each:

1-

, Number of Instances Name of Participation

1. Nunzio J. Palladino, Chairman, NRC 6

2. Thomas M. Roberts, Commissioner, NRC 6

3. James K. Asselstine, Commissioner, NRC 6

4. Frederick M. Bernthal, Commissioner, NRC 6

5. Lando W. Zech, Jr., Connissioner, NRC 6

6. Samuel J. Chilk, Secretary of the Commission 3*

7. William J. Dircks, Executive Director for 10

' Opera tions (c) In 1985, the NRC cited the following official of another Federal ,

agency as denying official for information originated by the )

agency and contained in records subject to three F0IA requests submitted to the NRC:

Agency Official F0IA Exemption Federal Emergency Mr. Samuel W. Speck, Associate (5)

Management Agency Director, State and Local Programs and Support

4. The results of each proceeding conducted pursuant to 5 U.S. C.

552(a)(4)(F), including a report of disciplinary action taken against i the officer or employee who was primarily responsible for improperly l withholding records, or an explanation of why disciplinary action was not taken.

Response: There have been no findings of arbitrary or capricious conduct on the part of NRC personnel, or proceedings conducted pursuant to 5 U.S.C.

552(a)(4)(F).

• The authority to deny in its entirety an appeal to the Commission was delegated to the Secretary of the Commission, 50 Fed. Reg. 27214.

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5. A copy of hvepy rule made by the agency regarding 5 U.S.C. 552.

Response: The NRC regulations implementing the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is

~

enclosed.

6. A copy of the fee schedule and the total number of fees collected by the agency for making records available under 5 U.S.C. 552.

Response: The NRC fee schedule is set forth in 10 CFR 9.14. The total amount of fees collectea by the NRC for making records available under 5 U.S.C. 552 was $2,894.63, which includes $329.00 search fees and

$2,565.63 for the reproduction of records.

During the past year, approximatley 3.1 million copies were made of records located in NRC's Public Document Room in Washington, DC. The NRC has entered into a no cost.to the government contract with a private firm to reproduce, for the public, copies of records located at the Public Document Room. During 1985, approximately $188,000 was received by the contractor for the reproduction of paper copy and microfiche.

7. Such other information as indicates effort to administer fully 5 U.S.C.

552. .

l Response: During 1985, the NRC received 849 FOIA requests and 43 appeals.

Copies of F0IA requests and the records disclosed as a result of such requests are normally placed in the NRC Public Document Room. In addition to providing general public access to material released under the Freedom of Information Act, the NRC routinely releases for public inspection and copying in its document rooms, an average of over 350 new documents each day on virtually every aspect of NRC's regulatory program. This extensive voluntary document' release program has resulted in more than 1.4 million documents being made available in the Commission's Public Document Room in Washington, DC. Additionally, the NRC maintains extensive document collections relating to individual nucle'ar power facilities in 100 Local Public Document Rooms located throughout the country.

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